As electronically-stored information (ESI) has become the norm, as computers and mobile devices have proliferated, and as eDiscovery tools have multiplied, competence with technology has become an essential part of being an effective legal practitioner. Since 2012, that practical requirement has been slowly becoming a formal one.
The broad scope of collection is broken down into the legal scope and the technological scope. The practical scope of ESI collection is determined both by the actual requests from other parties and by your own information needs related to the matter. The maximum-possible scope is established by the FRCP or your state’s equivalent ruleset. The technological scope is summarized in that nothing can be overlooked based purely on its file format or source type. Read to learn details on both the scopes.
Learn how computers store ESI by looking at the tiers and types of memory and how they all work together to store different types of data in different places. As the computer or device operates, there is a constant flow of information being read from and written to hard drive storage, RAM, and the caches – all ESI and all potential evidence. Devices are managing a collection of thousands of discrete files that is constantly evolving as files are read, modified, written, and deleted.
Learn about collecting and recovering ESI from computer memory with the difference between physical collections and logical collections, recovering deleted files, preventing data alteration and verifying the accuracy of the collection. Verifying the accuracy of collection is as important as avoiding source alteration.